 |
Utah Administrative Code (Current through November 1, 2019) |
 |
R930. Transportation, Preconstruction |
|
|
R930-9. Detection and Elimination of Unauthorized Discharges into Drainage Systems, Enforcement of Water Laws, Sanctions for Violation, and Permitting |
R930-9. Detection and Elimination of Unauthorized Discharges into Drainage Systems, Enforcement of Water Laws, Sanctions for Violation, and Permitting
| R930-9-1. Rulemaking Authority |
|
Latest version.
|
|
The Department promulgates this rule pursuant to Utah Code Subsection 63G-3-201(2)(a), Section 72-1-201, Section 72-7-102, and Section 72-7-104. |
| R930-9-2. Detecting Discharges into Drainage Systems |
|
Latest version.
|
|
The Department has the authority to detect, investigate, eliminate, and enforce against any non-stormwater discharge (including illegal dumping) to its drainage systems and within its right-of-way. The Department also has the authority to create an effective regulatory mechanism to implement actions that meet the requirements of the Department's Utah Pollutant Discharge Elimination System ("UPDES") Municipal Separate Storm Sewer System ("MS4") Permit. |
| R930-9-3. Regulatory Mechanism to Meet the Requirements of the Department's UPDES MS4 Permit |
|
Latest version.
|
|
The Department will act to enforce the requirements of its UPDES MS4 permit. |
| R930-9-4. Connections to Drainage Systems, Permitting, Fees |
|
Latest version.
|
|
(1) The Department has the authority to require compensation from a local government or property owner to connect to drainage systems located within Department right-of-way. (2) The Department may recover the costs of managing a local government or property owners' connection to drainage systems located within Department right-of-way. (3) The Department may issue and require the local government or property owner to obtain a permit to connect to a drainage system located within Department right-of-way. The primary purpose of the drainage system is for the management of stormwater runoff from the Department's right-of-way. Drainage flows from offsite areas must not exceed the capacity of the drainage system or interfere with the Department's ability to use its drainage system. The Department has the discretion to deny requested connections to its drainage systems. If the application is complete and a connection is permitted, the Department will either enter into an agreement with the local government or the property owner shall sign the Department's drainage agreement. (4)(a) The local government or property owner will be responsible for all costs associated with clean-up necessary or any imposed fines or penalties due to non-stormwater discharges into the Department's drainage system regardless if a connection has been permitted. (b) If the local government or property owner fails to take measures to prevent non-stormwater discharges, the Department will require the connection to be removed from the Department's drainage system. (5) The Department may require the local government or property owner seeking to connect to a Department drainage system to provide a surety bond sufficient to protect the Department from harm to its drainage system caused in whole or part by work performed on or substances discharging from a local government's system. (6) The Department may adopt a fee schedule that indicates required dollar amounts for surety bonds required of various types of utility services or for property owners seeking permits to connect to a Department drainage system. (7) The Department may adopt a fee schedule covering connection, permit, and management fees it charges local governments and property owners and will make it publicly available. (8) Fees collected by the Department under this rule shall be deposited with the state treasurer and credited to the Transportation Fund. |
| R930-9-5. Enforcement |
|
Latest version.
|
|
(1) When the Department learns that a local government or property owner has installed, placed, constructed, altered, repaired, or maintained a drainage pipe, inlet or manhole, ditch, culvert or any other structure or object of any kind within Department right-of-way without the Department's without complying with the requirements of Utah Code Title 72, the Department may: (a) Remove the installation from the right-of-way immediately as circumstances dictate; or (b) Give written notice to the local government or property owner to remove the installation from the Department's right-of-way. (2) Notice under Subsection (1)(b) may be served by: (a) Personal service; or (b)(i) Mailing the notice to the person, firm, or corporation by certified mail the last known address; and (ii) Posting a copy on the installation for 10 days. (3) If the installation is not removed within 10 days after the notice is served, the Department may remove the installation at the expense of the local government or property owner. (4) The Department may recover the costs and expenses incurred in removing the installation, serving notice, and the costs of a lawsuit. (5)(a) If the local government or property owner disputes or denies the existence, placement, construction, or maintenance of the installation, or refuses to remove or permit its removal, the Department may bring an action to remove the installation. (b) If the Department is granted a judgment by a court the highway authority may recover the costs of removing the installation as provided in Subsection (4). |
| R930-9-6. Referrals to the Attorney General |
|
Latest version.
|
|
The Department will refer matters related to enforcing this rule to the attorney general. |